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Central Administrative Tribunals (CAT)

Central Administrative Tribunal has been established for adjudication of disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other local authorities within the territory of India or under the control of Government of India and for matters connected therewith.

CAT was set up in pursuance of the amendment of Constitution of India by Articles 323A (1976) which empowers the Parliament to set up Tribunals for dealing with disputes and complaints with respect to recruitment and conditions of service of persons appointed to service and posts connected with the Union of India.

Accordingly the Administrative Tribunals Act was passed by the Parliament in 1985.

Administrative Tribunals were establishedunder the Act in 1985 at Delhi, Mumbai, Calcutta and Allahabad. Today, there are 17 Benches of the Tribunal located throughout the country wherever the seat of a High Court is located, with 33 Division Benches. List of benches are available here.

Jurisdiction

In addition to Central Government employees, the Government of India has notified 45 other organizations to bring them within the jurisdiction of the Central Administrative Tribunal.

The provisions of the Administrative Tribunals Act, 1985 do not, however, apply to members of paramilitary forces, armed forces of the Union, officers or employees of the Supreme Court, or to persons appointed to the Secretariat Staff of either House of Parliament or the Secretariat staff of State/Union Territory Legislatures.

Constitution

A Chairman who has been a sitting or retired Judge of a High Court heads the Central Administrative Tribunal. Besides the Chairman, the authorized strength consists of 16 Vice-Chairmen and 49 Members.

Functioning and Disposal of cases

The tribunals were set up to dispose of the cases expeditiously paving the way for speedy justice for the aggrieved Government employees.

The total number of cases received on transfer as well as those instituted directly at various Benches of the Tribunal till 30.06.2006 is 4,76,336, of which the Tribunal has disposed of 4,51,751 cases leaving a balance of 24585 cases which constitutes disposal of 94%. Thus CAT justify the aim of the Legislature in setting up the Administrative Tribunals to provide a speedy, relatively inexpensive and efficacious remedy to the employees who feel aggrieved.

For the year 2001 and right up to June, 2006 the overall disposal of cases has exceeded the number of freshly instituted cases, as a result of which the total pendency has reduced.

Where the pendency of cases is on higher side in any Bench, Members are being deputed from other Benches to that Bench for wiping out the pendency.

Administrative member

Justice V.S. Malimath observed that the cases were seen by courts “with a legalistic angle alone, without having proper understanding of the Administrative angle”. This has been removed by the inclusion of an administrative member in each Bench. Administration has to make use of this while filing reply statement by bring out clearly the administrative orders to stress the facts as to why the prayer of the applicant cannot be allowed.

Application

A person aggrieved by any administrative order pertaining to any matter can make an application to CAT for redressal of his grievances. The jurisdiction of the Tribunal extends not only to the actual employment but also to the process of recruitment also.

An application is not to be admitted unless the applicant has exhausted all remedies available to him under the service rules. However this rule is not absolute and CAT may entertain an application in extraordinary circumstances.

A person is deemed to have availed of all the remedies available to him if a final order has been made by the Government or other authority or the officer concerned rejecting the appeal or representation of the employee. OR Where no final orders passed by such authority even after 6 months from the date of the appeal or representation.

Procedure of justice

The Tribunal is not bound to follow the procedures laid down in the Code of Civil Procedure 1908 or Evidence Act, but shall be guided by the principles of natural justice in deciding cases and the procedure.

The Central Administrative Tribunal is empowered to prescribe its own rules of practice for discharging its functions subject to the Administrative Tribunals Act, 1985 and Rules made there under. For this purpose, the Central Administrative Tribunal Rules of Practice, 1993 have been made.

Parties to the dispute may appear in person or be represented by a lawyer before the Tribunal. The Supreme Court has held in a case that the CAT must confine itself to the limits of judicial review.

No interim orders, whether by way of injunction or stay shall be made on an application unless copy of the application along with other documents are furnished to the party against whom such application is made and opportunity is given to such party to be heard in the matter.

However ex-parte interim orders can be issued in exceptional cases valid for 14 days. In this case the administration should approach CAT within 14 days to put across their point of view and try for vacation of such interim stay orders.

Comments

I came to know that there is an advertisement published in news paper for the post of Administrative Judge in the central Administrative Tribunal at various places.Kindly do help me in locating .The last date of submitting application is 4th october 2012

Following is thje extract from Railway Board circular No. RBE 107/2007 dated 14/08/2007."Transfers on mutual exchange basis should be allowed between employees belonging to the same category (i.e General with General, SC with SC and ST with ST).However, transfers on bottom seniority in recruitment grades need not be restricted with reference to points in the post-based rosters. "

SIR,
I submitted my resignation under PMC on 22/05/2007.Till now I did not received any communication from railway.ON 16/05/2012 I with draw my resignation and gave a joining report with a letter to make the absent period as LWP.DY CSTE(CON) asked SPO to give directions to join me in duty.The file romed between the personal and CSTE office and on 24/09/2012 SPO returned the file stating that my resignation not accepted by the compitent authority so CSTE may give necesary orders to take me on rolls subjected to railway medical fit and issuing of SF5.Resently i personally met CSTE and he said he is not taking me in duty.Now my doubt is can he remove me from duty with out issuing a majorpenalty charge sheet?Can he issue me a major penalty charge sheet now?How much time can he take to reply?
An early reply is very much appriciated.

So far as mutual transfer is concerned, there is no question of delay, provided both of you fulfil the conditions prescribed for mutual transfer. If your wife is in Mumbai you can apply for mutual transfer/or own request transfer in Central Railway or Western Railway. If your case is still not materialized, then you can seek an interview the CPO of that respective railway where you want your transfer.

Sir,
I was commercial clerk in Sbc div..I was selected for goods guard gdce promotional quota.administration sent for goods guard training,after passing in training they sent me for practical training, after that they given posting order, I have taken higher responsibility and done independent duty for 6days. Now they sent me for medical test and I was failed to pass medical as I was having glasses..now they will give my old job with same basic and grade pay or is there any chance of getting any benefits because it's clearly administration mistake right sir.please give guidance sir m worried